Vehicle Seizure and Recovery

When peace officers are witness to certain offences under the Highway Safety Code, they can seize and impound vehicles for 7, 30 or 90 days. Vehicle owners must claim their vehicles no later than 10 days after the end of the impoundment period.

What you should know

When peace officers intercept drivers who are committing certain offences under the Highway Safety Code, they can seize and impound vehicles for 7, 30 or 90 days.

If the seized vehicle does not belong to the driver, the driver must inform the vehicle's owner of the seizure without delay.

Seizure and impoundment applies to the vehicle of any owner who loans or rents a vehicle to an offender.

Reasons for seizure

The driver does not hold a valid driver's licence or does not hold a licence of the appropriate class for the vehicle being driven

The driver is driving a heavy vehicle without holding a licence with an F, M or T endorsement

The driver has not abided by the obligation to drive only a vehicle equipped with an alcohol ignition interlock deviceA device that prevents a vehicle from starting when it detects the presence of alcohol in the driver’s body. or has failed to abide by the terms and conditions of use of the device

The driver has not abided by certain conditions attached to his or her driver's licence

The driver either has a blood alcohol concentration above 160 mg of alcohol per 100 ml of blood, or refuses to provide a breath or blood sample or perform physical coordination tests

The driver is a repeat drinking and driving offender

The driver is pulled over for excessive speeding in a zone of 60 km/h or less and has already been convicted of at least one excessive speeding offence in the previous 10 years

The driver has authorized or tolerated car surfing, that is, someone riding on the running board or an outer part of the vehicle, or in the box or dump body of the vehicle, or hanging onto or being pulled or pushed by the vehicle

The driver is driving a heavy vehicle after having been prohibited from doing so by the Commission des transports du Québec (CTQ), or after the owner or operator of the vehicle was prohibited from operating the vehicle or putting it into operation

The driver offers or provides a taxi transportation service without holding the appropriate licence class and a taxi permit

Reasons allowing a vehicle to be released before the end of the impoundment period

If you want to contest the seizure and impoundment of your vehicle and recover it before the end of the impoundment period, please note that you can only apply to have your vehicle released from seizure in the following cases:

If you are the owner but were not driving the vehicle when it was seized

You were not aware that the licence of the driver was under penalty, despite having made inquiries to find out

You were not aware that the driver did not hold the appropriate class of licence for the vehicle being driven, despite having made inquiries to find out

You did not consent to the driver taking your vehicle

You could not foresee that the driver:

would drive your vehicle with a blood alcohol concentration of over 80 mg of alcohol per 100 ml of blood

would refuse to provide a breath or blood sample to a peace officer

would commit an excessive speeding offence in a zone of 60 km/h or less

You could not foresee that the driver:

would participate in a street race

would tolerate car surfing, that is, someone riding on the running board or an outer part of a vehicle in motion, or in the box or dump body of the vehicle, or hanging onto or being pulled or pushed by the vehicle

would offer or provide a taxi transportation service without holding the appropriate licence class and a taxi permit

If you are the owner and were driving the vehicle when it was seized

If your vehicle was seized because you were driving while your licence was under penalty, only the following reason can be put forward:

you were not aware that your licence was under penalty

If your vehicle was seized for street racing, only the following reason can be put forward:

You did not drive the vehicle in a street race, or for a wager or stake

If your vehicle was seized for car surfing, only the following reason can be put forward:

You did not authorize or tolerate car surfing, that is, someone riding on the running board or an outer part of a vehicle in motion, or in the box or dump body of the vehicle, or hanging onto or being pulled or pushed by the vehicle

If your vehicle was seized for offering or providing a taxi transportation service without holding the appropriate licence class and a taxi permit, only the following reason can be put forward:

You did not offer or provide a taxi transportation service without holding the appropriate licence class and a taxi permit

If your vehicle was seized for any of the following reasons, you can recover it only if you can prove that you did not commit the offence in question:

Make sure you bring a valid driver's licence with you. If your vehicle is prohibited from road use, it will have to be towed at your expense.

If you do not claim your vehicle by the prescribed deadline

In the 10 days following the expiry of the deadline, you and any other person or business that has a right to the vehicle (such as a creditor or a long-term lessee registered in the register of personal and movable real rights) will receive a notice to recover vehicle. If the vehicle is valued at more than $3,000, the notice will also be published in a local newspaper.

If you disregard the notice

The following steps will be taken:

If the vehicle is valued at $3,000 or less

We will sell the vehicle or transfer ownership to the pound custodian in payment of the towing and impoundment fees.

You must pay the SAAQ's administrative fees, otherwise you will lose the right to obtain a driver's licence or register a vehicle.

If the vehicle is valued at more than $3,000

We will auction off the vehicle. The proceeds from the sale will be used to: